Anil Pawar
22 March 2012 at 12:10
Dear Sirs,
I was working in a private ltd company,it is msme having employee strength 125 people,
I was designated as DGM Marketing,since Jan 2006, later after 2 years, it was changed to GM Marketing.
Due to non Matching of thinking with managment,i resigned in aug 2011.
During the service, the company was paying me total income without deducting PF,
Now my query is am i eligible for Gratuity, as i think i have completed 5 years of service.
My annual income was not more than Rs,5 Lakhs,
Pls advice if i can claim gratuity,
I had spoken to one person from finance department. and he told me that as i was not member of EPF, i am not eligible for
pls advice me suitably,
thanks and regards\
Suyash Kumar
21 March 2012 at 13:49
Sir,I am a Central Govt.Employee.I went for an official work(Temporary duty)to my home town.I this regard i want yo know that whether i can claim for TA & DA.
Michelle
21 March 2012 at 12:59
Hi,
I have a quick question. I have observed that in my office, that the productivity and work quality of employees dip quite a bit once they put in their papers and on notice period.
I need to know if its legally possible to withhold their experience letter in such situations.
Is it possible to add such a clause in their offer/appointment letters.
Awaiting your reply.
Thanks,
Michelle
nandita
20 March 2012 at 21:35
Proposition
Beena is woking as a professor in a private college. She is the incharge of language lab in the college. on 19th march she leaves her language lab open to meet the director(of the college)in the mean time two desktops in the language lab which were not working are being repaired by Anil (computer lab assistant) in the language lab plus one student is also sitting doing is work. When Beena returns back she finds the "chip" (important tool for running language lab) missing. on asking the student ,she comes to know that Anil was fiddling with the main desktop on which the "chip" was attached and which was not to be repaired.
Beena is also the Security officer so tells Anil that he and his room would be frisked by the guards,on listening this Anil locks his room.
Beena reports the matter to the director of the college. Anil is called and Director without much questioning says that Rs 25,000 would be cut from Beenas salary as she was the care taker of the lab and blames it on her carelessness.
How to save Beena????
Chetan
20 March 2012 at 15:03
I wish to go to the controlling authority for complains for my Gratuity which my company has not yet paid.
Whom and to what address shoudl i go to make a complain.
I am in Malad, Mumbai.
skg
20 March 2012 at 13:22
Dear Makkad Sir,
Thanks for your valuable advices on my early query on the above subject.
In continuation of the same pls advise on the following queries
1)Can the workman send his application directly to the Judge of Delhi High Court who passed that order by Registered AD post giving reference of order no. and date OR he has to take the help of a lawyer to file this application.
2)kindly advice what cost free procedure is followed to launch this complaint against the PO in High Court keeping in mind the precarious financial position of the workman.
Rgds
Aravinnth K
20 March 2012 at 09:18
Dear Sir/s,
Greetings for the day.
One of my cousin brother was given appointment under Compassionate Grounds in Tamilnadu State Government in lieu of his father's demise. He joined in Jan 1998.
He too worked there for 9 years and due to certain reasons, he resigned his job in Oct 2006.
( Note : He was a Permanent Government Servant ).
Now his family is suffering and his mother requests whether any chances are there to re apply to the resigned post and whether any petition can be given for the same and also to request to consider the in between period as Loss of Pay Period?
I accepted to help their family.
Please advice on this.
Regards,
K. Aravinnth
N.J. MISHRA
19 March 2012 at 11:01
Dear Members, myself is N.J. Mishra, working as a Legal Officer in a private limited company. In the course of our business we have appointed one person as an officer in our office. After certain period of time this officer started behaving in an abnormal manner. On one ocassion he set a fire in our office. When we contacted his wife, she said that he is suffering from some behavioural problem from last several years which this officer has concealed with us. Infact we have spoken to his doctor, he also confirmed the same and suggested to increase the dossage of the medicines. My query is that whether this officer can claim any compensation for disability under any provisions of law or we are entitled to pay any disability compensation and further what sought of action we can take against this officer to protect our interest. Members are requested to guide me in solving my problem.
Isaac Gabriel
18 March 2012 at 22:12
A Government employee was dismissed from service for supervisory lapses and also included as accused in criminal case for the same charge.On appeal, the Head of Department observed that the charge of misappropriation not found against him and set aside the dismissal order stating that supervision lapse does not warrant.In this juncture,is there possibility to drop the criminal action against him.
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Blank cheque used for wrong purpose and without any agreement or intimation
i got employement in a limited company in india.
the conditions of getting employemeny included a blank cheque to be issued which was to be used only if i break 2 year bond and the damages can be claimed by company was upto one years salary. they took the blank cheque and gave me recieving of it before apoointment letter was issued.
the appointment letter has no codndition for cheque to be issues. there is service adherence bond which has mentioned that the cheque will be used only if there are losses suffered by the company due to wrongdoings or breaking of bond.
company is liable to pay 16.80 lacs per annum as my salary and only about 3.24 lacs was performance based as per salary breakup given.
first months things were bad..company had no infrastructure to serve customers..we still got enough collection and after a lot of arguements they paid salary on next month on 15th. i joined(forced to accept) on october 24th 2011.(though they made me work for 12 days for free. i got official email of welcome and my email id created on 12 th october).
they did not pay for 24th oct-31st october.. november salary they paid on dec 15th after lot of email and verbal exchanges.
they did not pay december salary and refused to pay even after committing on email that it will be paid by 15th january.
i had emailed to them that if they dont pay by 14th..i wont work anymore for them... i waited till 24th and kept on looking for new job...on 25th they came to know that i have an offer from other company and am about to continue working for them.
they shut down my company official email id and there is communication from the company..so it obvious they dont want me to continue anymore.. in the meantime since they refused to pay salaries i stopped the cheque on 11th january.
now on 19th february they represented the cheque without any intimation to be and the cheque ws returned as stopped payment was issued.
now the company has sent me a notice of almost one years salary and also communicated that this returned cheque will be tried under NI act section 138.
they have metioned in the notice that i agreed to pay them the said amount of 16,33,180 against the damages and i issues them cheque on 9th february.
now my questions:
1. how can compay put an amount on my cheque without any agreement or my approval or any claim there of or therein.
2.company did not pay my dues and i emailed them that i will not work for them. they agree to pay but dont pay. once i ahve quit as they have not honoured their agreement..how can there be any agreement at all left to honour from my side.
3.when there is no contract valid..how could they dare and put the cheque and send me a notice that i agreed and its not honoured.
4.how can this be under NI act of 138 when there is no agreement, no debt ..no obligation to pay any amount untill proven otherwise.
5. can i file criminal case against company for cheating. and also i have to claim my dues from them.
6.since i did not resign..they stopped my id without intimation...and the they did not communicate so how can they claim that i did not honour the service bond etc....
kindly help or advise.